1. Introduction and scope
1.1 – When accessing and/or using the website located at www.citysightseeing.co.za (the “Website”) you are entering into a legally binding contract with Topless Tours (Pty) Ltd upon the terms of these terms and conditions (“Terms”). Topless Tours (Pty) Ltd is a private company incorporated in the Republic of South Africa under registration number 2002/013123/07 and whose registered office is at 36 Auckland Street, Paarden Eiland, Cape Town (hereinafter referred to as “we” or “us” or “our”).
1.2 – This Privacy Policy, which must be read together with our Website terms and conditions as seen above. (“Terms”), sets out the basis on which any Personal Information (defined in paragraph 2 below) we collect from you, or that you provide to us, will be collected, used, stored, and processed by us when you use the Website and/or the Services. Unless defined elsewhere, terms in this Privacy Policy shall bear the same meaning ascribed to them in the Terms.
1.3 – Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.
1.4 – Topless Tours is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.
1.5 – Your agreement to the terms of the Privacy Policy
1.5.1 -By using the Website or otherwise agreeing to the Terms you agree to be bound by this Privacy Policy and by agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one of more of these actions with your Personal Information, we are “Processing” your Personal Information.
1.5.2 – If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.
Paragraph 1.2 has important legal consequences for you. In this paragraph, you expressly give your permission to us to collect, collate, process, share and use your Personal Information in the manner and for the purposes set out in this Privacy Policy. By doing this, you know and accept that you are giving up certain parts of your right to privacy. You will not be able to take any action against us for using your Personal Information in a manner for which you have granted your consent, even if you suffer loss or damage.
1.6 – What does this Privacy Policy apply to?
1.6.1 – This Privacy Policy applies to us, and our successors-in-title; and
1.6.2 – you, namely a person who:
1.6.2.1 - browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”) and/or makes any information available to us via the Website; and/or
1.6.2.2 – is or has applied to be part of our membership programme (“Member”).
regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets (“Access Device”).
1.6.3 – This Privacy Policy does not apply to other third party websites, products or services, linked to from, or advertised on the Website.
2. What is Personal Information?
2.1 – “Personal Information” refers to private information about an identifiable person, which includes your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details and profile pictures.
2.2 – Other information which might be Personal Information may include:
2.2.1 – “Access Device and Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone), the geographic location from which you accessed our Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
2.2.2 – “log information” when you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website , which may include your “site activity information”, such as details of how, when and for how long you accessed the Website , what links you went to, what Content you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;
2.2.3 – “profile information”: We may collect and process information and data usage per profile to make targeted recommendations to that profile when logged in to using the Website ;
2.2.4 – “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location);
2.2.5 – “Member Information”: Members must provide an email address, name, surname, company name, contact number, business address, job title and location in order to submit a membership query (“Membership Query”) and Members will need to create a username and password to access their member benefits.
2.3 Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.
3. When will we process your Personal Information?br>
3.1 – In addition to paragraph 4 below, Personal Information may be processed by us in several ways, including, when:
3.1.1 – you access, browse or make use of the Website, and/or the Services;
3.1.2 – you stream, access or make use of the Content;
3.1.3 – we provide the Service to you;
3.1.4 – you log a Membership Query or access your Membership Account;
3.1.5 – you contact us, by email or telephonically;
3.1.6 – we carry out demographic research;
3.1.7 – you sign up for our newsletters (“Newsletters”) and/or enter into any competitions or promotions (“Competitions”) which we run; and
3.1.8 – you submit your Personal Information to us for any other reason, or authorise third parties to do so.
4. How we collect your Personal Information
4.1 – We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers.
4.2 – Actively collection from you
4.2.1 – If you contact us, we may keep a record of that correspondence.
4.2.2 – The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, and physical location), contact details (e.g. e-mail address and phone number).
4.2.3 – We may require you to submit certain information in order for you to submit a Membership Query or to access your Membership Account online, including, but not limited to your company name, contact number, business address, job title and location.
4.2.4 – We may require you to submit certain information in order for you to sign up for our Newsletters and/or enter into any Competitions, including but not limited to your name, email address, and location.
4.3 – Collection from your Access Device
4.3.1 – We passively collect some of your Personal Information from the Access Device which you use to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
4.3.2 – We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website or use the Topless Tours App to distinguish you from other users and to improve our service to you, to make the Website more user-friendly, as well as to give you a more personalised experience.
4.3.3 – A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website or use the Topless Tours App and which is stored in your web browser. When you visit the Website or use the Topless Tours App again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
4.3.4 – You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website.
4.3.5 – The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.
5. How we use your Personal Information
5.1 – We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users’ experience, and so we also use the information we collect in order to offer you more relevant information and Content.
5.2 -We may use your Personal Information to:
5.2.1 – retain and make available to you information on the Website;
5.2.2 – establish and verify your identity on the Website;
5.2.3 – fulfil your requests for certain Services;
5.2.4 – diagnose and deal with technical issues and support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
5.2.5 – detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;
5.2.6 – provide you with the latest information about our Services (including via our Newsletters), subject to your communications preferences;
5.2.7 – to communicate with you and maintain records of our communications with you, including to inform you about any changes to the Website, our Services, our Terms, this Privacy Policy or other changes that are relevant to you;
5.2.8 – compile non-personal statistical information about browsing habits, click patterns and access to the Website;
5.2.9 – improve the Website, analyse trends and administer the Website, including requesting feedback on Content and the Services;
5.2.10 – fulfil any contractual obligations we may have to you or any third party;
5.2.11 – improve your user experience and the overall quality of our Services;
5.2.12 – for security, administrative and legal purposes;
5.2.13 – if you are a Member, create your Membership Account and to ensure that we do not duplicate an existing user account on the Website; and
5.2.14 – other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website and our Services.
5.3 – In certain circumstances and subject to your preferences as indicated when you provide the relevant Personal Information, you agree that we may also make your Personal Information available to our affiliates, members, or strategic/industry partners (“Partners”) for them to use for [providing you with the latest information about their services]. Such use by a Partner shall be in accordance with this Privacy Policy, to the extent applicable.
6. Sharing of Personal Information
6.1 – We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so (as we do in respect of Partners in terms of paragraph 3 and in respect of the circumstances set out in paragraph 6.2), (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
6.2 – You agree that your Personal Information may be shared under the following circumstances:
6.2.1 – with affiliates, agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;
6.2.2 – with our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, marketing services and other support services;
6.2.3 – in order to enforce or apply our Terms or any other contract between you and us;
6.2.4 – in order to protect our rights, property or safety or that of other users, employees, contractors, agents and any other third party;
6.2.5 – in order to mitigate any actual or reasonably perceived risk to us, other users, employees, contractors, agents or any other third party; and
6.2.6 – with governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary.
6.3 – We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
6.4 – We will get your permission before disclosing your Personal Information to any third party for any other purpose.
7. Storage and transfer of your Personal Information
7.1 – We store your Personal Information on our servers and/or on third party servers.
7.2 – We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
7.3 – If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
8. Security
8.1 – Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Process online.
8.2 – While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
8.3 – We will take reasonable, practicable steps to ensure that the persons to whom your Personal Information may be disclosed in terms of this Privacy Policy have implemented, and maintain, the appropriate technical and organisational measures aimed at preventing unauthorised access to, or disclosure of your Personal Information.
Paragraph 8 has important legal consequences for you which:
excludes or limits Topless Tours (Pty) Ltd.’s legal responsibilities;
limits or excludes rights and claims you have against Topless Tours (Pty) Ltd; and
places legal responsibilities and liabilities and risks on you.
You know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet. We do not promise that we can keep your Personal Information completely secure over the Internet. You also know and accept that we do not promise the complete security of your Personal Information. You will not be able to take action against us if you suffer losses or damages in these circumstances.
9. Retention of your Personal Information
9.1 – We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
9.2 – Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.
10. Keeping your Personal Information updated and correct
10.1 – To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
10.2 – You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 16
10.3 – You may request that your Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.
11. Third party sites
11.1 – We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
11.12 – We advise you to read the terms and conditions, as well as the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
Paragraph 11 has important legal consequences for you. It:
excludes or limits Topless Tours (Pty) Ltd legal responsibilities;
limits or excludes any rights you have against Topless Tours (Pty) Ltd; and
places legal responsibilities, liabilities, and risks on you.
Topless Tours (Pty) Ltd is not liable if you suffer losses or damages when visiting another third party, including Member, website by following a link to that website from the Website. You accept that there may be risks when you use such third party, including Member, websites and you do so at your own risk.
12. Direct marketing
12.1 – When you use the Website, and/or the Services you may receive marketing communications from us.
12.2 – You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
12.3 – You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
12.4 – If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
12.5 – You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.
13. Changes to this Privacy Policy
13.1 – We change this Privacy Policy from time to time.
13.2 – You agree to review the Privacy Policy whenever you visit the Website for any amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
13.3 – We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones contemplated above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.
14. CPA, POPI and other laws
14.1 – If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008 (“Consumer Protection Act”) the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
14.2 – No provision of this Privacy Policy:
14.2.1 – does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
14.2.2 – requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
14.2.3 – limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
15. Governing law
15.1 – The contents of this Privacy Policy shall be governed by South African law.
15.2 – If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case, you may contact Topless Tours (Pty) Ltd at the address contemplated in paragraph 16 below in order to opt-out of the Privacy Policy
16. Contact information / Domcilium citandi et executandi
If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at:
Street address: Topless Tours (Pty) Ltd, t/a City Sightseeing, 36 Auckland Street, Paarden Eiland, Cape Town 7405
Postal address: Topless Tours (Pty) Ltd, t/a City Sightseeing, Paarden Eiland, Cape Town 7420
Telephone: +27 (21) 511 6000
Email: info@citysightseeing.co.za
